Conditions Precedent to Obligations of Buyer and Sellers. The respective obligations of Buyer and Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Buyer and Sellers in whole or in part to the extent permitted by applicable Law): (a) there shall not be in effect any Order by a Governmental Body of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby; (b) the Bankruptcy Court shall have entered the Bidding Procedures Order, in form and substance acceptable to Sellers and Buyer, by no later than January 30, 2009; (c) the Bankruptcy Court shall have entered the Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than February 6, 2009; and (d) the Sale Order shall have become a Final Order (unless this condition shall have been waived in writing by Buyer).
Appears in 8 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Conditions Precedent to Obligations of Buyer and Sellers. The respective obligations of Buyer and Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Buyer and Sellers in whole or in part to the extent permitted by applicable Law):
(a) there shall not be in effect any Order by a Governmental Body of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby;
(b) the Bankruptcy Court shall have entered the Bidding Procedures Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than January 30, 2009;
(c) the Bankruptcy Court shall have entered the Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than February 6, 2009; and
(dc) the Sale Order shall have become a Final Order (unless this condition shall have been waived in writing by Buyer).
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Conditions Precedent to Obligations of Buyer and Sellers. The respective obligations of Buyer and Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Buyer and Sellers in whole or in part to the extent permitted by applicable Law):
(a) there shall not be in effect any Order by a Governmental Body of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby;
(b) the Bankruptcy Court shall have entered the Bidding Procedures Order, in form and substance acceptable to Sellers and Buyer, by no later than January 30, 2009;
(c) the Bankruptcy Court shall have entered the Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than February 6, 2009; and
(dc) the Sale Order shall have become a Final Order (unless this condition shall have been waived in writing by Buyer).
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Conditions Precedent to Obligations of Buyer and Sellers. The respective obligations of Buyer and Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Buyer Xxxxx and Sellers in whole or in part to the extent permitted by applicable Law):
(a) there shall not be in effect any Order by a Governmental Body of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby;
(b) the Bankruptcy Court shall have entered the Bidding Procedures Order, in form and substance acceptable to Sellers and Buyer, by no later than January 30, 2009;
(c) the Bankruptcy Court shall have entered the Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than February 6, 2009; and
(d) the Sale Order shall have become a Final Order (unless this condition shall have been waived in writing by BuyerXxxxx).
Appears in 2 contracts
Conditions Precedent to Obligations of Buyer and Sellers. The respective obligations of Buyer and Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Buyer Xxxxx and Sellers in whole or in part to the extent permitted by applicable Law):
(a) there shall not be in effect any Order by a Governmental Body of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby;
(b) the Bankruptcy Court shall have entered the Bidding Procedures Order, in form and substance acceptable to Sellers and Buyer, by no later than January 30, 2009;
(c) the Bankruptcy Court shall have entered the Sale Order, in form and substance acceptable to Sellers and Buyer, by no later than February 6, 2009; and
(dc) the Sale Order shall have become a Final Order (unless this condition shall have been waived in writing by BuyerXxxxx).
Appears in 1 contract
Samples: Asset Purchase Agreement